{"id":3654,"date":"2022-04-07T12:30:00","date_gmt":"2022-04-07T07:00:00","guid":{"rendered":"https:\/\/www.infipark.com\/articles\/?p=3654"},"modified":"2022-04-14T00:24:11","modified_gmt":"2022-04-13T18:54:11","slug":"2015-upsc-cse-law-optional-question-paper","status":"publish","type":"post","link":"https:\/\/www.infipark.com\/articles\/2015-upsc-cse-law-optional-question-paper\/","title":{"rendered":"2015 UPSC CSE Mains Law Optional Question Paper"},"content":{"rendered":"\n

PAPER-I<\/strong> SECTION-A<\/strong><\/h2>\n\n\n\n

Answer the following questions in about 150 words each : 10 x 5 = 50<\/p>\n\n\n\n

(a)<\/strong> Given the contemporary economic, political and social realities, critically evaluate the judicial framework developed to determine whether an agency\/body is \u2018State\u2019 for the purposes of Article 12. Is the test currently too narrow? Justify your answer. (10 MARKS)<\/p>\n\n\n\n

(b)<\/strong> What would be your opinion regarding the view that the exercise of powers by the President and Governors under Article 72 and 161 to grant mercy should also be open to Constitutional Challenge? Discuss with reference to recent cases of the Apex Court of the country. ( 10 MARKS)<\/p>\n\n\n\n

(c)<\/strong> \u201cArticle 14 of the Constitution of India forbids class legislation not reasonable classification.\u201d Examine and also discuss how far equality of status and opportunity are achieved by this Constitutional provision. ( 10 MARKS)<\/p>\n\n\n\n

(d)<\/strong> Define and distinguish between the terms \u2018Lokayukta\u2019 and \u2018Lokpal\u2019 in the Indian context. Also mention about its relevance. (10 MARKS)<\/p>\n\n\n\n

(e)<\/strong> What do you understand by the expression \u2018independence of judiciary\u2019? Why is it being discussed\/debated\/questioned too much nowadays? What reasons would you give for this development? (10 MARKS)<\/p>\n\n\n\n

Q2. (a)<\/strong> \u201cRight to life means something more than mere animal existence.\u201d Discuss with reference to case law. Is there any difference between the expression \u2018right to life\u2019 and \u2018personal liberty\u2019? Explain critically. (20 MARKS)<\/p>\n\n\n\n

(b)<\/strong> \u201cThe Prime Minister is the keystone of the Cabinet arch because he is responsible for its formation, life and death.\u201d Critically examine the above statement in the light of various provisions fo the Constitution and determine the position of the Prime Minister of India in the Cabinet. ( 15 MARKS)<\/p>\n\n\n\n

(c)<\/strong> The horizon of \u2018Legal aid\u2019 has been widened best, still the impact is totally missing. How would you resolve this crisis which is ruining the life of millions of poor people of our country over the years? Suggest some concrete measures to make it more effective and implementative. ( 15 MARKS)<\/p>\n\n\n\n

Q3. (a)<\/strong> In light of the fact that the Constitution of India has no express prohibition on delegated legislation, critically evaluate the basis for different judicial positions either prohibiting excessive delegation or permitting delegation without Constitutional limitations. (20 MARKS)<\/p>\n\n\n\n

(b)<\/strong> What is \u2018Protected discrimination\u2019? Examine how far it is constitutional under Article 15 and 16. Give reference of decided cases. Also mention the limitations of these articles as per its application. (15 MARKS)<\/p>\n\n\n\n

(c) <\/strong>\u201cThe non-obstante clause in Article 246 ought to be regarded as last resource in case of an inevitable and irreconcilable conflict between the lists.\u201d Examine critically. Also discuss the abuse\/abuses related to this clause. Is there any connection between the doctrine of \u2018pith and substance\u2019 and \u2018non-obstante clause\u2019? (15 MARKS)<\/p>\n\n\n\n

Q4. (a)<\/strong> Under what circumstances, apart from concerned parties, a third party has locus standi to move writ before the High Court or Supreme Court? How has this procedure helped in developing and promoting democratic principles in the country? (20 MARKS)<\/p>\n\n\n\n

(b) <\/strong>Critically evaluate the powers of the Governor of a State as provided under the Constitution of India. How would you interpret the following observation that \u201cthe role of lieutenant Governor is no more than that of a facilitator of administration under the President\u2019s control\u201d? (15 MARKS)<\/p>\n\n\n\n

(c)<\/strong> Explain the opinion of the Supreme Court of India regarding the relation between the Fundamental Rights and Directive Principles of State Policy in the light of its decided cases. Do you agree with the view that giving primacy to one over the other is to disturb the harmony of the Constitution? Comment with reference to the present day scenario relating to education, health, religion, etc. (15 MARKS)
<\/p>\n\n\n\n

SECTION-B<\/strong><\/h2>\n\n\n\n

Q5<\/strong>. Answer the following questions in about 150 words each : 10 x 5 = 50<\/p>\n\n\n\n

(a)<\/strong> \u201cToday there is a huge shift of the basis of International law though the principal component of International law is represented by binding rules, imposing duties and conferring rights upon the state.\u201d Comment critically. (10 MARKS)<\/p>\n\n\n\n

(b)<\/strong> Evaluate the importance and relevance of \u2018Extradition Treaty\u2019, under International law. Is a state liable to extradite an offender, who has been accused of a political murder in a neighbouring state? Give reasons. (10 MARKS)<\/p>\n\n\n\n

(c)<\/strong> Discuss the efficacy of International Humanitarian law in the protection of Prisoners of War. ( 10 MARKS )<\/p>\n\n\n\n

(d)<\/strong> \u201cInternational Terrorism is a threat to world order and peace.\u201d Elucidate. Also define the term \u2018International Terrorism\u2019. What major steps have been taken up by the developed and developing countries in this respect? Discuss. (10 MARKS)<\/p>\n\n\n\n

(e) <\/strong>Explain the principles of \u2018Ratification of a Treaty\u2019. Also examine the consequences of non-ratification of a treaty. (10 MARKS)<\/p>\n\n\n\n

Q6. (a)<\/strong> The Republic of Marshall Islands (RMI) recently filed an application against India in the International Court of Justice (ICJ) alleging India\u2019s breach of its obligation to pursue in good faith and conclude negotiations leading to nuclear disarmament. Would it fall under the compulsory jurisdiction of ICJ? Discuss. Also mention about the possibility of challenging this jurisdiction by India. (20 MARKS)<\/p>\n\n\n\n

(b) <\/strong>\u201cA man\u2019s nationality is a continuing legal relationship between the sovereign state on the one hand and the citizen on the other.\u201d Explain the above statement. Also mention the difference between \u2018nationality\u2019, \u2018double nationality\u2019 and \u2018statelessness\u2019. (15 MARKS)<\/p>\n\n\n\n

(c)<\/strong> Define and distinguish between the following: (i) Recognition of State and Recognition of Government. (ii) De facto and De jure recognition Also explain the concept \u2018Collective recognition\u2019 (15 MARKS)<\/p>\n\n\n\n

Q7. (a)<\/strong> Critically evaluate the laws\/conventions\/practices available for the protection and preservation of marine environment under International law. Also, discuss the rules provided under International law for \u2018transit passage\u2019 and its abuses. (20 MARKS)<\/p>\n\n\n\n

(b)<\/strong> Discuss the various peaceful means of resolving International disputes. Which one according to you is more practical in the context of problems of the present day? Give reason. (15 MARKS)<\/p>\n\n\n\n

(c)<\/strong> What is the meaning of the term \u2018Territorial Asylum\u2019, under International law? What are its major components? And how is it different from the term \u2018Territorial Sovereignty? Discuss. (15 MARKS)<\/p>\n\n\n\n

Q8. (a)<\/strong> Critically examine the provisions of the UN Charter which enables the UN to perform its primary role of \u2018peace keeping\u2019 among nations. What is you assessment regarding this function of the UN? Suggest some measures or a road-map for this purpose. (20 MARKS)<\/p>\n\n\n\n

(b)<\/strong> Under modern International law what meaning has been assigned to the term \u2018High Sea\u2019? Explain. Also discuss the scope of the concept of freedom of the High Sea with reference to legality of nuclear test in the areas of High Sea. (15 MARKS)<\/p>\n\n\n\n

(c)<\/strong> \u201cIn the ultimate analysis individuals alone are the subjects of International law.\u201d Comment. Also discuss the Transformation theory in the context of the relation between International law and Municipal law. (15 MARKS)<\/p>\n\n\n\n

PAPER – II Section-A<\/strong><\/h2>\n\n\n\n

Q.1<\/strong>. Answer the following questions in about 150 words each : 10 x 5 = 50<\/p>\n\n\n\n

(a)<\/strong> \u201cThe enforcement of any disability arising out of \u2018Untouchability\u2019 shall be an offence punishable in accordance with law.\u201d Comment in the light of protection of Civil Rights. (10 MARKS)<\/p>\n\n\n\n

(b) <\/strong>\u201cThe Criminal justice is administered in India by punishing the wrongdoer and the object of punishment is viewed differently by different criminologists.\u201d Elucidate. (10 MARKS)<\/p>\n\n\n\n

(c)<\/strong> Liability of joint tort feasors in Law of Tort is joint and Several.\u201d Discuss. (10 MARKS)<\/p>\n\n\n\n

(d)<\/strong> \u201cTo constitute the offence of criminal conspiracy there must be an agreement to do, or cause to be done, an illegal act, or an act which is not illegal by illegal means.\u201d Critically examine. (10 MARKS)<\/p>\n\n\n\n

(e)<\/strong> Explain with the help of decided cases as to when Culpable Homicide under Section 299(3) will become Murder under Section 300(4) of India Penal Code. ( 10 MARKS)<\/p>\n\n\n\n

Q.2. (a)<\/strong> \u201cNo communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for benefit of that person.\u201d Critically examine. ( 20 MARKS)<\/p>\n\n\n\n

(b)<\/strong> Explain the various circumstances under which a \u2018public servant\u2019 is said to commit the offence of \u201cCriminal misconduct\u201d under \u2018The Prevention of Corruption Act, 1988\u2019. (15 MARKS)<\/p>\n\n\n\n

(c)<\/strong> Whether the conduct of depriving someone from possession of property without causing wrongful gain or wrongful loss amount to theft? Comment. (15 MARKS)<\/p>\n\n\n\n

Q.3. (a)<\/strong> \u201cThe Consumer Protection Act, 1986 provides a three tier structure for redressal of complaints.\u201d Elucidate. (20 MARKS)<\/p>\n\n\n\n

(b)<\/strong> \u201cPublic nuisance is a crime whereas private nuisance is a civil wrong.\u201d Explain. (15 MARKS)<\/p>\n\n\n\n

(c)<\/strong> \u201cState liability in Torts has undergone an acute transformation in recent times.\u201d Discuss in the light of latest judicial pronouncements. (15 MARKS)<\/p>\n\n\n\n

Q.4.<\/strong> (a)<\/strong> Discuss with the help of judicial pronouncements the situations in which plaintiff may prove apparently non-defamatory statements as defamatory. (20 MARKS)<\/p>\n\n\n\n

(b)<\/strong> Discuss with the help of decided cases where the Court while deciding cases on contributory negligence keeps in mind the negligence on the part of plaintiff and defendant both. ( 15 MARKS)<\/p>\n\n\n\n

(c)<\/strong> \u201cTotal restraint on the liberty of movement of a person, however short its duration may be, will amount to false imprisonment.\u201d Discuss with the help of relevant case law. (15 MARKS)<\/p>\n\n\n\n

SECTION-B<\/strong><\/h2>\n\n\n\n

Q.5.<\/strong> Answer the following questions in about 150 words each : 10 x 5 = 50<\/p>\n\n\n\n

(a)<\/strong> A, a singer, contracts with B, the manager of a restaurant, to sing at his restaurant for two nights every week during next two months; and B engages to pay to her 5,000\/- rupees for each night\u2019s performance. On the sixth night, A wilfully absents herself from the restaurant and B, in consequence, rescinds the contract. Decide. (10 MARKS)<\/p>\n\n\n\n

(b)<\/strong> \u201cPIL writ petition cannot be filed in the Supreme Court under Article 32 of Indian Constitution only if a question concerning the enforcement of \u201cFundamental Rights\u201d is involved.\u201d Comment. ( 10 MARKS)<\/p>\n\n\n\n

(c) <\/strong>\u201cEvery agreement by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary Tribunals, or which limits the time which he may thus enforce his right is void to that extent.\u201d Explain the exceptions, if any, of this principle. (10 MARKS)<\/p>\n\n\n\n

(d)<\/strong> Write a note on \u2018Impact of noise pollution on the health of the people.\u2019 ( 10 MARKS)<\/p>\n\n\n\n

(e)<\/strong> Discuss the various principles of \u2018mediation\u2019. (10 MARKS)MODEL ANSWER HINT:<\/p>\n\n\n\n

Q.6. (a)<\/strong> \u201cA hire purchase agreement is a bailment plus an agreement to sell.\u201d Explain. (20 MARKS)<\/p>\n\n\n\n

(b)<\/strong> \u201cA contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or by the conduct of any other person, is called, a contract of indemnity\u201d. Explain. (15 MARKS)<\/p>\n\n\n\n

(c)<\/strong> Discuss various provisions of Compulsory Licencing under Patents Act, 1970. (15 MARKS)<\/p>\n\n\n\n

Q.7. (a)<\/strong> \u201c An \u2018Arbitration Agreement\u2019 with respect to existing disputes, may or may not be in the form of an Arbitration clause in the main contract.\u201d Explain. ( 20 MARKS)<\/p>\n\n\n\n

(b)<\/strong> \u201cThe individual deserves to be protected against the possibility of exploitation inherent in \u2018Standard Form of Contract\u2019.\u201d Explain. (15 MARKS)<\/p>\n\n\n\n

(c) <\/strong>Explain the law relating to minor\u2019s agreements. 15<\/p>\n\n\n\n

Q.8. (a)<\/strong> \u201cIn a contract of sale of goods property or ownership in the goods will pass from seller to the buyer which the parties intend to pass.\u201d Explain the statement with necessary legal provisions and case law. (20 MARKS)<\/p>\n\n\n\n

(b)<\/strong> Explain clearly what is meant by \u2018negotiation and endorsement\u2019. How does negotiation differ from ordinary assignment? (15 MARKS)<\/p>\n\n\n\n

(c)<\/strong> Explain the various circumstances in which a firm may be dissolved. What are the rights and obligations of partners after dissolution of firm? (15 MARKS )<\/p>\n","protected":false},"excerpt":{"rendered":"

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